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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On June 23, 2014, the Plaintiff filed an application with the Defendant for a license for inland fisheries with the type and size of fisheries as “fish farming business, 20,000 square meters,” and the location and area of waters as “the instant license application site” (attached Form No. 2) of “the current status related to the revocation of a disposition rejecting an application for a license for fishing business,” and the exact location is the same as the Plaintiff submitted at the time of the Plaintiff’s application for the license (hereinafter “instant application site”); the method of fisheries and the fishing vessel using the fishing vessel as “(s)-based bottom-type fish farming business”; and the type of cultivated products or caught products as “b” (hereinafter “application of this case”).
B. On June 24, 2014, the Defendant filed a request for consultation on the use of water under Article 12(1) of the Inland Water Fisheries Act with the head of the Yansan Regional Construction and Management Administration, who is the water surface manager of the Seogjin River. On July 3, 2014, the head of the Yansan Regional Construction and Management Administration issued a reply to the Defendant on the use of water surface (hereinafter “instant reply”).
In consultation with the Busan Regional Land Management Office, new fisheries for the conservation of the ecology and the eco-friendly river management in national rivers shall be limited as much as possible, and the main time shall be restricted so that rivers may not be polluted by using a bag, etc. for fish farming in a river area.
(bb) When intending to engage in activities falling under Article 33(1) of the River Act for cultivation in a river area, permission for occupancy and use of rivers must be separately obtained. In this case, occupancy and use of rivers in order to meet the requirements for authorization and use of rivers under other Acts can only be granted exclusively to individuals and it is not likely to hinder the public use of rivers or exercise private rights. The above mentioned matters are all satisfied.